L. & M. BUILDING AND SUPPLY, INC. v. SOILEAU

No. 1456.

176 So.2d 756 (1965)

L. & M. BUILDING AND SUPPLY, INC., Plaintiff-Appellee, v. J. Everett SOILEAU, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

July 1, 1965.


Attorney(s) appearing for the Case

Rogers & McHale, by Jack Rogers, Lake Charles, for defendant-appellant.

Tate & Tate, by Donald Tate, Mamou, for plaintiff-appellee.

Fusilier, Pucheu & Soileau, by A. Gaynor Soileau, Ville Platte, for garnishee.

Before TATE, SAVOY, and CULPEPPER, Judges.


TATE, Judge.

The sole issue of this appeal is whether a 1958 judgment in favor of the plaintiff ("Building-Supply") was discharged by the defendant Soileau's 1962 bankruptcy. The trial court held that the judgment represented a liability for "willful and malicious" injury to the property of another, a type of debt which is not dischargeable in bankruptcy, 11 U.S.C.A. § 35, sub. a(2).

The issue of the judgment's validity arose in a garnishment proceeding...

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